ILR Questions(Tier 2 General) Please help!!

[YXLinlondon]

Dear moderators, Gurus,

I was about to submit my application tomorrow and found the below issue. I have changed my employer once during my 5 years qualifying period. With my 2nd employer:

The start date stated on the COS: 15th of Sep 2018
My new BRP valid from: 23rd of August 2018 (same day service for the premium application)
Actual work starts from :3rd of Sep 2018

I thought my new employment can start straight away after 23rd of August. but then I realised only until now: The start date given on the CoS must be the date that the migrant employee will start working for the company in UK or 28 days after the Cos Starts date issued.

Can the actual work start date be earlier than the Cos start date? (In my case 12 days eailer) Will that cause any issues for my ILR and as a result of my current Tier 2 sponsorship?

Thank you very much, your advice will be appreciated.

[srsw]

I think it may be ok based on this:

"You should not start your new job until you’ve got confirmation of your new permission."

Source: https://www.gov.uk/skilled-worker-visa/ ... r-employer

As you got the permission, you should be ok. Also, BRP start date was earlier than CoS start date, so ukvi shouldn't give it if that's not allowed (just thinking logically here).

Let's see if other senior members agree or have a different opinion.

[YXLinlondon]

I think it may be ok based on this:

"You should not start your new job until you’ve got confirmation of your new permission."

Source: https://www.gov.uk/skilled-worker-visa/ ... r-employer

As you got the permission, you should be ok. Also, BRP start date was earlier than CoS start date, so ukvi shouldn't give it if that's not allowed (just thinking logically here).

Let's see if other senior members agree or have a different opinion.

Thank you. its because I went to the premium centre where I have got an approval on the same day.But never thought I have to follow the Cos start date.
I will wait for other senior members' advice.

[zimba]

Not an issue as you had a BRP

[YXLinlondon]

Not an issue as you had a BRP

Thank you so much!

[CULLINAN]

Also see:

Paragraph 23.9

“The start date given on the CoS must be the date that the migrant is expected to start working for you at the time the CoS is assigned. If such start date for a Tier 2 (General) migrant is subsequently changed after leave has been granted, it must be within 28 days from the later of:

the date on which their entry clearance or leave to remain is granted
the start date on their CoS (taking into account any changes to start date properly reported before leave is granted)”

- Tiers 2 and 5: guidance for sponsors - version 02/20

[YXLinlondon]

Also see:

Paragraph 23.9

“The start date given on the CoS must be the date that the migrant is expected to start working for you at the time the CoS is assigned. If such start date for a Tier 2 (General) migrant is subsequently changed after leave has been granted, it must be within 28 days from the later of:

the date on which their entry clearance or leave to remain is granted
the start date on their CoS (taking into account any changes to start date properly reported before leave is granted)”

- Tiers 2 and 5: guidance for sponsors - version 02/20

Thank you Cullinan, that's what I have checked. But my understanding above means the start date has to be exactly on the Cos or within 28 days after the COS or BRP date whichever is later. It doesn't seem to include the possibility of starting earlier and neither of my sponsor has made any note to indicate this on the system. But my guess is this should be sponsor's responsibility and Ho should not expect the employee to know all of this.

[CULLINAN]

You are fine as advised earlier also. The guidance states the same.